8.  The applicant was born in 1946 and lives in Kielce. He owned and ran a company.
9.  The applicant was arrested on 10 March 1997. On the same day the Kielce District Court (Sąd Rejonowy) ordered that the applicant be detained on remand for three months in view of the reasonable suspicion that he had committed several counts of fraud. The court observed that the applicant's detention was also justified by the severity of the anticipated penalty in view of the serious nature of the offences at issue. In respect of the applicant's objections to holding him in detention based on health grounds, the court considered those objections unwarranted having regard to three medical reports. The applicant was detained in the Kielce Detention Centre.
10. On 17 April 1997 the prosecution service filed with the Kielce Regional Court (Sąd Wojewódzki) a bill of indictment against the applicant, who was the sole accused. He was charged with multiple counts of aggravated fraud committed between December 1989 and May 1993, having acted against the interest of his company and having failed to file a petition for insolvency. The charges of fraud concerned business transactions in which the applicant misled other parties to enter into contracts. The prosecution asked the trial court to hear evidence from one hundred and twelve witnesses, four expert witnesses and it filed a list of seventy-seven victims. The investigation's case-file comprised 16 volumes.
11.  From an unspecified date in May 1997 to 29 May 1997 the applicant was held in the Hospital of the Cracow Detention Centre.
12.  On 19 September 1997 the applicant's counsel filed an application for release. That application was dismissed by the Kielce Regional Court on 6 October 1997. The court's decision was reasoned as follows:
“The applicant's counsel submitted in his application for release that Wiesław Łatasiewicz should not be detained on account of the state of his health. The court has received a medical certificate from the Kielce Detention Centre which confirms that, [although] W. Łatasiewicz suffers from minor ailments, he is in good health and can remain in the Detention Centre and receive treatment there.
The evidence obtained in the case sufficiently shows that the accused had committed the acts with which he was charged. In view of the gravity of the charges laid against him, his detention is justified by the severity of anticipated penalty. The court considers that none of the grounds for release from detention as provided by Article 218 of the Code of Criminal Procedure apply to Wiesław Łatasiewicz.”
13.  On 10 October 1997 the Kielce Regional Court decided to extend the applicant's pre-trial detention until 10 February 1998, relying on the same grounds as originally given for the applicant's detention. It also referred to the significant number of witnesses to be heard at trial. The Regional Court found no grounds which would justify the lifting of the applicant's detention pursuant to Article 218 of the Code of Criminal Procedure.
14.  On 20 October 1997 the applicant's counsel appealed to the Cracow Court of Appeal (Sąd Apelacyjny) against the decision of 10 October 1997. He pointed out that there had been no judicial decision authorising the applicant's detention between 10 June 1997, when the detention order issued on 10 March 1997 had expired, and 10 October 1997, the date of the appealed decision. Therefore, the detention during that period had been unlawful. In addition, the counsel asserted that the trial court had remained inactive for a period of six months since the lodging of the bill of indictment, which showed that the applicant's detention was not necessary. He argued that this amounted to a breach of Article 5 § 3 of the European Convention on Human Rights and justified the applicant's release.
15.  On 30 October 1997 the Cracow Court of Appeal dismissed the appeal. It agreed with the applicant that there had been no judicial decision authorising his detention between 10 June and 10 October 1997. However, the courts had become aware that such a decision had been necessary only in October 1997 when the Supreme Court's resolution no. I KZP 23/97 of 2 September 1997 had been published. Moreover, the Court of Appeal agreed with the applicant's criticism of a period of inactivity in the proceedings following the lodging of the bill of indictment, but pointed out that in May 1997 the applicant had been taken to a hospital, and in June 1997 he had been allowed to consult the case-file. Nonetheless, the Court of Appeal considered that the serious nature of the applicant's criminal activities and their scale, together with the necessity to examine voluminous evidence, justified his detention.
16.  On 19 November 1997 the Kielce Regional Court held the first hearing. It was adjourned until 5 December 1997.
17.  Subsequently, the hearing scheduled for 5 December 1997 was postponed until 29 December 1997 due to an illness of the applicant's counsel.
18.  On 29 December 1997 the trial court held a hearing and heard several witnesses. The hearing scheduled for 15 January 1998 was adjourned until 18 February 1998 since in the meantime the applicant had been taken to the Hospital of the Cracow Detention Centre.
19.  On 15 January 1998 the Regional Court decided to prolong the applicant's detention until 10 May 1998. It observed that there was a reasonable suspicion that the applicant had committed the offences with which he was charged. In addition, the court relied on the severity of the anticipated penalty and the fact that numerous witnesses were to be heard. Finally, it considered that there were no grounds, as provided by Article 218 of the Code of Criminal Procedure, which would justify the applicant's release.
20.  On 29 January 1998 the Hospital of the Cracow Detention Centre informed the trial court that the applicant would probably remain in the hospital for three weeks and that his state of health did not prevent him from being held in detention.
21.  The subsequent hearings were held on 18 February, 11 and 30 March, 15 and 16 April 1998. At the hearings held on 30 March, 15 and 16 April 1998 the trial court imposed fines on certain witnesses who failed to appear although they had been duly summoned.
22.  On 6 May 1998 the Kielce Regional Court prolonged the applicant's detention until 10 July 1998, repeating the grounds that had been previously given. It also referred to the fact that twenty-eight witnesses and four expert witnesses were still to be heard.
23.  On 11 May 1998 the applicant appealed against the decision of 6 May 1998. The subsequent hearing was held on 21 May 1998. At that hearing the applicant withdrew his appeal of 11 May 1998. He also requested the trial court to order his examination by three medical experts. The hearing was adjourned until 4 June 1998.
24.  The hearing scheduled for 4 June 1998 was adjourned as the applicant was unwell. The next hearing was held on 17 June 1998.
25.  On 8, 17 and 18 June 1998 respectively the trial court obtained reports of three medical experts. According to their findings, the applicant could receive treatment while in detention. However, the expert in cardiology opined that the applicant should be treated in the Hospital of the Cracow Detention Centre.
26.  On 8 July 1998 the trial court held a hearing. At the hearing the applicant unsuccessfully requested the court to order his release. On the same day the court prolonged the applicant's detention until 10 September 1998, relying on the same grounds as given in its previous decisions. Having regard to the report of the expert in cardiology, the trial court ordered that the applicant be held in the Hospital of the Cracow Detention Centre. The hearing was adjourned until 12 August 1998.
27.  On 13 July 1998 the applicant appealed against the decision of 8 July 1998, invoking, in particular, the poor state of his health. On 30 July 1998 the Cracow Court of Appeal upheld the impugned decision.
28. The hearing scheduled for 12 August 1998 was adjourned until 31 August 1998 because the applicant was not brought from the Hospital of the Cracow Detention Centre due to his state of health.
29.  On 20 August 1998 the Hospital of the Cracow Detention Centre informed the trial court that the applicant would be unable to participate in the hearing scheduled for 31 August 1998. The hearing scheduled for the latter date was accordingly adjourned. The applicant's defence counsel requested the Regional Court to order the applicant's release.
30.  On 7 September 1998 the Kielce Regional Court released the applicant on bail. It also ordered him to report bi-weekly to the police station and to surrender his passport. The trial court observed that at the present stage of the proceedings, when most of the evidence had been already heard at trial, it was not necessary to prolong the applicant's detention. It also took into account the applicant's poor state of health as evidenced by the certificate issued by the Hospital of the Cracow Detention Centre on 20 August 1998.
31.  On 20 May 2003 the Kielce Regional Court convicted the applicant of multiple counts of aggravated fraud committed between September 1991 and May 1993 and sentenced him to two and a half years' imprisonment and a fine. In respect of the other charges against him, the Regional Court discontinued the proceedings because the relevant limitation-period had expired. The applicant appealed against this judgment.
32.  On 28 January 2004 the Court of Appeal upheld the applicant's conviction but reduced his sentence to two years' imprisonment suspended for four years. It also ordered him to compensate the victims.